ANC Limpopo special PEC meeting decision

25 September 2012

After a special sitting of the ANC Limpopo Provincial Executive Committee (PEC) this morning, members noted with keen interest, developments in Limpopo relating to the warrant of arrest issued against comrade Julius Malema on Friday, 21 September 2012.

The ANC in its leading role as a liberation struggle pioneer for over 80 years led a bruising, tough and revolutionary political struggle against oppressive forces of both the imperialist colonial and apartheid regimes to free not only its own members, but specifically all South Africans irrespective of race, colour, creed or gender.

Broadly, the PEC’s understanding of the accusations of corruption and fraud levelled against Mr Malema, is that these allegations also bear indirect implications against sections of the ANC led Provincial Government of Limpopo. This factor and the point that this `case` is also viewed as a test-case are some of the elements that drew the attention of the provincial ANC leadership to the matter.

"A decision was thus taken that PEC members will attend the court proceedings tomorrow, Wednesday 26 September 2012, at the Polokwane Regional Court when Julius Malema is expected to appear. The PEC is adamant that even if the individual involved was not comrade Julius Malema, members of the PEC would still have gone to court to observe the unfolding proceedings for themselves. Especially because members view these allegations and this state action against Mr Malema as a clear indication that abuse of power by the state is again taking place in South Africa," says Provincial Spokesperson of the ANC Limpopo, Makondelele Mathivha.

Makonde continued: "The PEC unanimously agreed that these state actions against the young man are not backed by a genuine case to fight against corruption and fraud as has been broadly alleged but rather by a repressive political intent to erode hard-won rights of citizens to gather, express themselves, associate with other persons or groupings, affiliate to organisations of their own choosing; generally the right to Freedom of Association, Speech and so on.”

A clear demonstration of this erosion of the entrenched freedoms is the recent removal of Julius Malema from a place/venue in Marikana about two weeks where he was invited to speak with striking workers of the Lonmin by the South African Police Service (SAPS).

In the context that the ANC also leads government in Limpopo, the PEC notes with particular emphasis that our Constitutional democracy demands that government respects, protects, promotes and fulfils the rights of all citizens as proclaimed in the Bill of Rights of our country’s 1996 Constitution. Notwithstanding, the PEC of the ANC in Limpopo also wishes to highlight specific key principles outlined in the Constitution such as those stating that “everyone is equal before the law and has the right to equal protection and benefit of the law”.

Central to the above-mentioned Constitutional equality principle is the Bill of Rights which is binding to all organs of state and government, as well as individuals and private organisations. The rights outlined in the Bill of Rights of the Constitution also stipulate that all have the right to be duly and properly informed about the details of charges levelled against them. This gives accused persons an opportunity to know in exact terms what they are expected to respond to.

Mathivha concluded: “Further, the provincial ANC fully embraces the principle of rule of law and has unquestionable confidence in the judiciary of South Africa as it were. The Bill of Rights stipulates that all citizens have the right to be presumed innocent until proven otherwise by a court of law. We can only hope that all these rights are also guaranteed to Mr Malema, who is a full citizen of South Africa.”

To this end, the PEC commends our forebears for wedging a struggle that has ultimately led to the adoption of the Constitution we all enjoy today. The PEC therefore implores the state and government to honour its principles by upholding and respecting citizens’ rights to a fair trial as comrade Julius Malema embarks on this judicial process, facing the allegations levelled against him.